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" The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within... "
A Digest of New York Statutes and Reports: From the Earliest Period to the ... - Seite 474
von Benjamin Vaughan Abbott, Austin Abbott - 1864
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Estee's Pleadings, Practice and Forms: In Actions Both Legal and ..., Band 1

Morris March Estee - 1878
...But in any other case than a default of the defendant, as where issue is joined, the court may grant any relief consistent with the case made by the complaint and embraced within the issue : Cal. Code CP, sec. 580; Savings and Loan Society v. Thompson, 32 Cal. 347. So that where there is...
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The Code of Civil Procedure of the State of New York, Being Chapter 448 of ...

New York (State) - 1879 - 353 Seiten
...in the complaint. Where there is an answer, the court may permit the plaintiff to take any judgment, consistent with the case made by the complaint, and embraced within the issue. § 1208. Where either party is entitled to recover damages, he may recover any rate of damages, which...
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The Practice Act of the State of Connecticut: With the Orders, Rules, and ...

Connecticut - 1879 - 319 Seiten
...for SEC. 6. Upon a default, the plaintiff can have no greater relief relief, misconceived, than that demanded in his complaint, but in any other case the Court may, in its discretion, upon a proper amendment, grant him any other relief consistent with the case made...
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Pacific Coast Collection Laws: A Summary of the Laws of California, Nevada ...

Jonathan Henry Jellett - 1880 - 385 Seiten
...whenever a several judgment is proper. The relief granted to the plaintiff, if there be no answer, can not exceed that which he shall have demanded in his complaint...made by the complaint and embraced within the issue. An action may be dismissed, or a judgment of nonsuit entered, in the following cases : 1. By the plaintiff...
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The Code of Procedure of the State of South Carolina: Originally Adopted ...

South Carolina, Robert A. Lynch - 1880 - 247 Seiten
...there be no The relief to answer, cannot exceed that which he shall have demanded in his plaintiff, complaint; but in any other case the Court may grant...made by the complaint and embraced within the issue. SEC. 300. Whenever damages are recoverable, the plaintiff may Rate of dllm. claim and recover, if he...
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North Carolina Reports: Cases Argued and Determined in the Supreme ..., Band 82

North Carolina. Supreme Court - 1880
...his damages, if not on the special contract, at least in general assumpsit. The relief, we think, was consistent with the case made by the complaint and embraced within the issue, and the plaintiff was entitled thereto on his case as it was. It was error in the court below to refuse...
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The Federal Reporter: Cases Argued and Determined in the Circuit ..., Bände 7-8

1881
...Code of Procedure, if there were an answer, the court might permit the plaintiffs to take any judgment consistent with the case made by the complaint and embraced within the issue; that, therefore, if, on the appearance of the two corporations, the lease were adjudged to be valid...
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Laws of the Territory of Idaho

Idaho (Ter.) - 1881
...if there be awarded to " , . . . . I' . '. . the plaintiff, be no answer, cannot exceed that winch he shall have demanded in his complaint; but in any...made by the complaint and embraced within the issue. Action may be g Kr; . 354. An action may be dismissed, or a judgment nonsuit en- of nonsuit entered,...
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Wisconsin Reports: Cases Determined in the Supreme Court of Wisconsin, Band 51

Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - 1881
...this action, out of power to assert such a demand. No claim of the kind is made by the complaint; and "the relief granted to the plaintiff, if there be...cannot exceed that which he shall have demanded in the complaint." 2 Tay. Stats., 1503, § 36; ES, sec. 2886; BullwinTcerv. Ryker, 12 Abb. Pr., 311. The...
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Selected Essays on Equity

Edward Domenic Re - 1955 - 464 Seiten
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